Abstract
Health Canada recently issued a Marketing Authorization to expand the eligibility of the dairy-related exemption for Canadian front-of-pack labelling (FOPL) regulations. The 2024 Marketing Authorization exempts dairy-related products that are a ‘source of calcium,’ rather than only ‘high in’ calcium as previously regulated, from displaying a ‘High in’ front-of-pack nutrition symbol, regardless of their saturated fat and sodium levels. The Marketing Authorization, heavily influenced by the food industry, lacks strong scientific evidence to support its adoption. Although there is a high prevalence of inadequate calcium intakes among Canadians, the Marketing Authorization will exempt more dairy-related products that are significant contributors of saturated fat and sodium for Canadians. While providing very little calcium, many dairy-related products, particularly cheese products, are ‘high in’ saturated fat and/or sodium. Expanding the exemption criteria will allow dairy-related products with little health benefits to be reflected as ‘healthy’ (i.e., not display a ‘High in’ nutrition symbol), blunting the potential impact that FOPL regulations could have on improving the diets of Canadians. We strongly urge Health Canada to reconsider the expansion of the exemption and encourage others to conduct policy-relevant research and participate in the policy decision-making process to promote evidence-informed public health policies for the health of Canadians.
Generated Summary
This commentary examines the influence of industry lobbying on Canadian front-of-pack labelling (FOPL) regulations, focusing on the recent expansion of dairy-related exemptions. The research reviews the regulatory landscape, stakeholder interactions, and potential impacts on public health. The study used data from Health Canada’s Meetings and Correspondence on Healthy Eating Database to analyze meetings related to FOPL regulations between February 2018 and June 2023. The authors focus on how the food industry, particularly dairy associations, have influenced the decision-making process. They explore the implications of these exemptions on consumer diets, particularly regarding saturated fat and sodium intake. The study aims to provide insights into the role of industry lobbying in shaping public health policies and advocates for evidence-informed decision-making in the development of nutrition regulations. This commentary calls for a reconsideration of the expanded dairy exemption and encourages further research and participation in the policy-making process to promote healthier diets for Canadians.
Key Findings & Statistics
- Approximately 40% (n=75/187) of the meetings between February 2018 (CGI release) and June 2022 (CGII publication) were related to FOPL regulations, with the majority initiated by the food industry or trade associations (n=57/75).
- Half of the stakeholder-initiated meetings between June 2022 (CGII publication) and July 2023 (Notice of Intent issued to amend FOPL regulations) were related to FOPL regulations (n = 22/44), with nearly all initiated by the food industry (n=21/22).
- The Dairy Farmers of Canada were the most prevalent stakeholder, initiating 36% (n=8/22) of these meetings.
- The 2024 Marketing Authorization expands the exemption criteria for dairy-related products to include ‘sources’ of calcium (i.e., ≥5%DV per reference amount).
- Under the 2024 Marketing Authorization, 84% (n=984) of products would be exempted from displaying a ‘High in’ nutrition symbol, compared to previous FOPL regulations (i.e., CGII, n=658).
- This translates to a 43% decrease in ‘high in’ saturated fat (n=171, down from 299) and a 41% decrease in ‘high in’ sodium products (n=60, down from 102) not displaying the appropriate ‘High in’ nutrition symbol.
- The exemption criteria in CGII have already resulted in the exemption of 658 products (56% of products in these categories) from displaying a ‘High in’ nutrition symbol for saturated fat and/or sodium.
- Under both exemption criteria scenarios, exempted cheeses are ‘high in’ saturated fat, with an average of 4.5 g/serving (22%DV) and 3.4 g/serving (17%DV) according to CGII and the 2024 Marketing Authorization, respectively.
- Cheeses that would be newly exempted according to the 2024 Marketing Authorization are not ‘high in’ calcium, with an average of 115.2 mg/serving (9%DV).
- Over 40% of adult males and over 60% of adult females have calcium intakes below the Estimated Average Requirement (Ahmed et al., 2021a).
- The top source of calcium for Canadians is milk, not cheese or yogurt (Auclair et al., 2019).
- Milk contributes over 30% of the calcium intakes of Canadians (Auclair et al., 2019).
- Cheese was the third highest source of saturated fat across all food categories for Canadians, contributing 6% of daily saturated fat consumption, and the 17th source of sodium, contributing 2% of daily sodium consumption (Kirkpatrick et al., 2019).
Other Important Findings
- The 2024 Marketing Authorization expands the exemption criteria for dairy-related products to include ‘sources’ of calcium, which has the potential to undermine the effectiveness of FOPL regulations.
- The expansion of the exemption criteria for dairy products is not supported by current scientific evidence and may not address inadequate calcium intakes among Canadians.
- The Dairy Farmers of Canada repeatedly raised concerns regarding FOPL regulations and cheese products.
- Canada’s Dietary Guidelines explicitly state in Guideline 1: “Protein foods include legumes, nuts, seeds, tofu, fortified soy beverage, fish, shellfish, eggs, poultry, lean red meat including wild game, lower fat milk, lower fat yogurts, lower fat kefir, and cheeses lower in fat and sodium” (Health Canada, 2019).
Limitations Noted in the Document
- The study relies on data from the Health Canada’s Meetings and Correspondence on Healthy Eating Database, which may not capture all interactions or influences related to FOPL regulations.
- The analysis is limited to the information available in the database and does not include a comprehensive review of all scientific evidence or stakeholder communications.
- The study focuses on the impact of the dairy industry, but other stakeholders and factors could also influence the policy outcomes.
- The conclusions are based on the assumption that the expansion of the exemption criteria will lead to negative health outcomes, which requires further empirical validation.
- The study does not provide a detailed analysis of the specific scientific evidence used by Health Canada to support the exemption criteria.
Conclusion
The commentary highlights the significant role of industry lobbying in shaping Canadian front-of-pack labelling regulations, specifically focusing on the recent expansion of dairy-related exemptions. It underscores how the dairy industry’s influence, primarily through stakeholder meetings and correspondences, has potentially undermined the effectiveness of FOPL regulations designed to improve consumer diets. “The Marketing Authorization, heavily influenced by the food industry, lacks strong scientific evidence to support its adoption,” the authors state. The expansion of the exemption criteria, the authors argue, may allow products high in saturated fat and sodium, particularly cheese, to avoid ‘High in’ nutrition symbols, potentially confusing consumers and blunting the impact of FOPL. The authors strongly advocate for a reconsideration of the expanded dairy exemption and urge health professionals and researchers to engage in evidence-informed policy-making. They suggest that the current approach, driven by lobbying efforts, may not effectively address the issue of inadequate calcium intake among Canadians while simultaneously promoting the consumption of foods high in saturated fat and sodium. The commentary concludes with a call to action for Health Canada to prioritize evidence-based policies and for stakeholders to actively participate in the policy-making process to ensure the integrity and effectiveness of public health initiatives. The core message is clear: “We strongly urge Health Canada to reconsider the expanded dairy-related exemption, driven by the dairy industry lobbying, and commit to evidence-informed public health policies that can improve the health of Canadians.”